Further education college wins court battle with vending company over fire – Local Government Lawyer

Posted November 22nd, 2017 in damages, evidence, expert witnesses, fire, judges, local government, news, statutory duty by sally

‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Ukad close investigation into Team Sky and British Cycling after failing to determine Jiffy bag contents – The Independent

Posted November 16th, 2017 in corruption, drug abuse, drug offences, evidence, news, sport by tracey

‘UK Anti-Doping (Ukad) have closed their investigation into British Cycling and Team Sky, deeming it “impossible” to determine the contents of a Jiffy bag delivered to Sir Bradley Wiggins at the Critérium du Dauphiné in June 2011.’

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The Independent, 15th November 2017

Source: www.independent.co.uk

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by tracey

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

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Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com

Defendant granted relief even though its solicitor lied about breach – Litigation Futures

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

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Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

Claimant ordered to pay council £12k over false claims of pothole injury – Local Government Lawyer

Posted November 10th, 2017 in costs, evidence, news, personal injuries by tracey

‘A man has been ordered to pay £12,000 to a council after a court found he falsely claimed he was injured by tripping in a pothole.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Anthony Grainger: Inquiry into senior officer’s evidence – BBC News

Posted November 9th, 2017 in complaints, evidence, firearms, inquiries, news, police by tracey

‘A senior police officer is being investigated over evidence he gave to a public inquiry into the death of an unarmed man who was shot by police.’

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BBC News, 9th November 2017

Source: www.bbc.co.uk

Covert recordings: what should family lawyers advise? – Family Law

Posted November 7th, 2017 in evidence, family courts, news, privacy by tracey

‘Covert recording is no longer limited to the realms of spies and detectives. With advancements in technology anyone can takeout their phone and record without anyone else knowing. The technology (including spy ware) is readily available and relatively inexpensive so it’s inevitable that people will seek to use it. It is now the case that practitioners are frequently seeing covert recordings arise in the context of family proceedings which involve the recording of family members, children and professionals. This may be a result of what is perceived to be a growing mind set of distrust in the competency of the family justice system and professionals working within it or because individuals are simply hoping to bolster their case with the footage they have obtained.’

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Family Law, 6th November 2017

Source: www.familylaw.co.uk

Mother to bring alleged rapist to justice via crowdfunding after prosecutors refuse to press charges – The Independent

‘A mother who says she was raped by a stranger has now set up a crowdfunding page to bring her alleged attacker to justice.’

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The Independent, 6th November 2017

Source: www.independent.co.uk

Covert recordings in family proceedings (Re B (A Child)) – Family Law

Posted November 3rd, 2017 in evidence, family courts, judgments, news by tracey

‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’

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Family Law, 1st November 2017

Source: www.familylaw.co.uk

Police release distressing fictional rape video as part of campaign to increase prosecutions – The Independent

Posted October 31st, 2017 in evidence, media, news, police, prosecutions, rape by sally

‘Police in Leicestershire have released a distressing short film designed to improve conviction rates for rape and serious sexual assaults.’

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The Independent, 31st October 2017

Source: www.independent.co.uk

Social worker could be struck off after faking evidence in child case – The Guardian

Posted October 31st, 2017 in disciplinary procedures, evidence, news, social services by sally

‘A social worker has appeared before a professional disciplinary panel after she was found by a judge to have fabricated evidence to bolster the case for removing a child from the mother’s care and then lied in court about having done so.’

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The Guardian, 31st October 2017

Source: www.theguardian.com

The rise of covert recordings in family proceedings – Family Law

Posted October 27th, 2017 in children, evidence, family courts, news, video recordings by sally

‘Last week Sir James Munby, President of the Family Division of the High Court, said that covert recording had become a ‘much more pressing issue’ in family proceedings. In particular he highlighted the increased prevalence of recordings of children, other family members and even professionals being placed before the courts as evidence to support one party’s position or to undermine the others.’

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Family Law, 27th October 2017

Source: www.familylaw.co.uk

Pentonville Prison murder: Anonymous witness’s identity revealed – BBC News

Posted October 27th, 2017 in anonymity, evidence, murder, news, prisons, trials, witnesses by sally

‘An anonymous witness in the Pentonville prison murder trial pulled out of giving evidence when his cover was blown after less than an hour in court.’

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BBC News, 25th October 2017

Source: www.bbc.co.uk

Covert Recording : A hot potato lob by the Court of Appeal – Transparency Project

Posted October 26th, 2017 in children, evidence, families, family courts, news, social services by sally

‘The Court of Appeal delivered judgment in Re B (A Child) [2017] EWCA Civ 1579 last week. In it they consider (but do not resolve) the question of how the Family Court should deal with evidence obtained by covert recording. Whilst it took the Court of Appeal almost a year from the hearing of the appeal to the delivery of judgment (see our post about the appeal hearing itself here), this particular potato remains red hot. The topic of recording – covertly or overtly, of social workers or children or otherwise – is discussed daily on private groups on Facebook, openly on other social media platforms – and, from time to time, in judgments of the Family Court and by lawyers.’

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Transparency Project, 24th October 2017

Source: www.transparencyproject.org.uk

Justice in jeopardy: government defies backlash to confirm ‘reckless’ legal aid cuts – Law Society Gazette

‘The government is to press ahead with reform of legal aid fees paid to solicitors in criminal cases – despite 97% of submissions to a consultation vehemently opposing the plans. Representative bodies have this afternoon condemned the decision as ‘reckless’, claiming it places justice in jeopardy.’

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Law Society Gazette, 24th October 2017

Source: www.lawgazette.co.uk

Commercial Court Shrinks Scope to Challenge Arbitrations – Hailsham Chambers

Posted October 20th, 2017 in arbitration, choice of forum, Commercial Court, evidence, news by sally

‘In the internationally competitive market for arbitrations, there is much talk about which Courts are most “arbitration-friendly”. In a recent judgment Teare J, in the Commercial Court, has crushed speculation that the English Courts might be increasingly sympathetic to challenges to factual findings.’

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Hailsham Chambers, 12th October 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

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Litigation Futures, 19th October 2017

Source: www.litigationfutures.com

Better case management – Counsel

Posted October 12th, 2017 in case management, criminal procedure, Crown Court, evidence, news by sally

‘Two years on, how have collective efforts to make every court hearing count evolved? Peter Hungerford-Welch summarises the procedural changes and the message from case law.’

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Counsel, October 2017

Source: www.counselmagazine.co.uk

Expert’s evidence was extraordinary and “shot through with breath taking arrogance” – Practical Law: Construction Blog

Posted October 11th, 2017 in conflict of interest, disclosure, evidence, expert witnesses, judges, news, trials by tracey

‘For those of who have a weekly blog to populate with content, the court’s summer recess can prove to be a challenging time. It leads us to cast our net further afield looking for ideas and cases to highlight. That is why, this week, I’m looking at two cases from August, one a personal injury claim from the County Court in Leeds, the other an intellectual property dispute from the Chancery Division. What both have in common are some choice words about the parties’ expert evidence. I know Jonathan has looked at this topic twice in recent months but, as I said, we’ve had the summer recess and these comments are just too bloggable to be ignored!’

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Practical Law: Construction Blog, 10th October 2017

Source: constructionblog.practicallaw.com